Anti-Encroachment Drive in Jammu and Kashmir- A Perspective

The ongoing anti-encroachment drive in Jammu and Kashmir has invited strong reactions not only from the mainstream parties but also from separatists and militants. The administration is being blamed for a lack of transparency, not serving prior notices, communal considerations and an anti-people attitude. A narrative is being created by the eco-system to cause panic, anxiety and dissatisfaction among the common people.

BY RAMNEEK MANHAS

The ongoing anti-encroachment drive in Jammu and Kashmir has invited strong reactions not only from the mainstream parties but also from separatists and militants. The administration is being blamed for a lack of transparency, not serving prior notices, communal considerations and an anti-people attitude. A narrative is being created by the eco-system to cause panic, anxiety and dissatisfaction among the common people. In the ongoing drive, thousands of acres of state land have been retrieved across the Union Territory, while hundreds of structures built on the encroached land have been demolished. It goes to the credit of the administration that no discrimination has been done and land has been retrieved from influential bureaucrats, lawyers, businessmen, members of terrorist organizations and politicians of all hues including BJP leaders.

During the rule of so-called democratically elected governments, it used to be free for all. Homes, commercial complexes and even orchids were constructed on the encroached land. Significantly, under the guise of the Roshni Act, large portions of land were grabbed by influential people across J&K. In 2001, the National Conference government led by Farooq Abdullah passed Jammu and Kashmir State Land (Vesting Ownership to the Occupants) Act in the assembly. The Act envisaged the transfer of ownership rights of state land to its occupants, subject to the payment of a cost, as determined by the government. It estimated that 20,64,972 kanal i.e 1, 04, 458 hectares of state land, worth around ₹25, 448 crores, was under unauthorized occupation. The government said the revenue generated would be spent on commissioning hydroelectric power projects, hence the name ‘Roshni Act’. The law was modified under successive state governments, drawing more allegations that the tweaks were made to suit those in power.

In May 2007, the Congress and PDP coalition government headed by the then chief minister Ghulam Nabi Azad notified rules under the act. The eligibility criteria for land transfers were relaxed. When the act was first passed, only those who had occupied state lands in 1990 or before were eligible for ownership rights. This was now moved forward. Moreover, agricultural land could now be transferred to its occupants free of cost. On this, the then government had to face allegations related to irregularities and attempts to change the demography of Jammu under the guise of the Roshni Act.

This Act has been in the public domain for the past two decades. Ever since the CAG report in 2014 disclosed that it could not meet the financial target, the Roshni Act has been marred by controversies. The Act was first rendered ineffective by the then J&K Governor Satya Pal Malik in 2018. However, the J&K High Court in a recent order on a PIL declared the whole Act null and void and ordered the cancellation of all land mutations from the beginning. A CBI inquiry has also been ordered to probe the matter.

In order to implement the directions of the Hon’ble High Court, the Jammu and Kashmir administration has launched an anti-encroachment drive and demolished several structures, mostly belonging to influential persons. Amid the ongoing state land retrieval drive, the regional parties are misleading the general public and instigating violence so that an illusion is created that the general public is against this drive. However the Lieutenant Governor Jammu and Kashmir Manoj Sinha has made it clear that only the influential people who have misused their position by violating rules and grabbing land will be evicted and the common and poor people will not be touched. Though this was only a verbal statement, due to which the situation is still in limbo and the controversy seems to be getting vigorous. The government needs to issue a notification soon for protecting those poor people who have encroached on a small piece of land to supplement their livelihood so that the situation remains calm and the demolition drive can be carried forward without any hindrance.